Israel May Be in Violation of Arms Export Control Act

Rep. Kucinich Requests Report to Congress

January 7th, 2009

Again raising both legal and moral questions, Rep. Dennis Kucinich (D-Ohio) sent a letter to Secretary of State Condoleezza Rice on January
6, 2009. Below are both his introduction
to the letter and the text itself. Please write to thank Rep. Kucinich for
his leadership on this issue.

From Dennis Kucinich:

In light of press
reports that Israeli forces fired on a United Nations school where civilians
were taking shelter, I sent notice today to Secretary of State, Dr. Condoleezza
Rice, that Israel's actions in Gaza since December 27th, 2008 may constitute a
violation of the requirements of the Arms Export Control Act of 1976 (AECA).

When the president is
aware of the possibility of such violations, the AECA requires a report to
Congress on the potential violation(s). The AECA outlines the conditions under
which countries may use military articles or services obtained from the U.S.
government, which include "internal security" or "legitimate
self defense." But the AECA prohibits actions that "increase the
possibility of an outbreak or escalation of conflict."

The Israeli assault on
Gaza creates
such a possibility because it is a vastly disproportionate response to the
provocation, and the Palestinian population is suffering from those military
attacks in numbers far exceeding Israeli losses in life and property.

The full text of my
letter follows:

January 5, 2009

The Honorable
Condoleezza Rice
Secretary of
State
U.S. Department of State
2201
C Street NW
Washington, DC 20520

Dear Dr. Rice:

I am writing concerning Israel's military offensive against Gaza, which began on
December 27th. I support Israel's
security and its right to exist in peace, without the fear of rocket attacks
from Hamas. Moreover, I abhor the violence being visited upon the citizens of
our firm ally. However, no nation is immune from the legal conditions placed on
the receipt of U.S.
military assistance. I believe that with
the current escalation of violence in Gaza,
a legal threshold has been reached, warranting a Presidential examination and
report to Congress. I hereby request an
examination of Israel's
compliance with the provisions of the Arms Export Control Act of 1976
(AECA).[1]

While neither the AECA nor the Foreign
Assistance Act of 1961 (FAA) define "internal security" and "legitimate
self-defense," I believe that Israel's most recent attacks neither further
internal security nor do they constitute "legitimate" acts of self-defense.
They do, however, "increase the possibility of an outbreak or escalation of
conflict," because they are a vastly disproportionate response to the
provocation, and because the Palestinian population is suffering from those
military attacks in numbers far exceeding Israeli losses in life and property.

Israel's
current military campaign in Gaza
has inflicted a significant toll on Palestinian civilians and society. Israel's
recent aerial and ground offensive against Gaza has killed nearly 600 and injured over
2,500. The Associated Press reported:
"children are paying the price. . . . The United Nations has said the death
toll includes 34 children. . . . But the broad range of Israel's
targets--police compounds, fire stations, homes of militants, Hamas-run mosques
and university buildings--means most shelling is occurring in residential
areas."[2] The extensive destruction of such civilian institutions
violates Article 33 of the Fourth Geneva Convention, which prohibits the wanton
destruction of property and collective punishment of a civilian population. There have also been reports of bombings of
United Nations (UN) schools, despite the fact that Israeli Defense Forces were
allegedly given coordinates of the facilities prior to the current escalation
in violence.[3][4] The blockade that Israel has imposed on Gaza since 2006 has
further exacerbated the extent of collateral damage, as hospitals and morgues
have been unable to cope with the magnitude of deaths and injuries as a result
of the current escalation in violence and hospitals lack proper supplies needed
to treat the injured. The blockade that
Israel has imposed on Gaza since 2006 has further exacerbated the extent of
collateral damage, as hospitals and morgues have been unable to cope with the
magnitude of deaths and injuries as a result of the current escalation in
violence and hospitals lack proper supplies needed to treat the injured. The blockade that Israel has imposed on Gaza
since 2006 has further exacerbated the extent of collateral damage, as
hospitals and morgues have been unable to cope with the magnitude of deaths and
injuries as a result of the current escalation in violence and hospitals lack
proper supplies needed to treat the injured.
The extensive destruction of such civilian institutions violates Article
33 of the Fourth Geneva Convention, which prohibits the wanton destruction of
property and collective punishment of a civilian population. There have also been reports of bombings of
United Nations (UN) schools, despite the fact that Israeli Defense Forces were
allegedly given coordinates of the facilities prior to the current escalation
in violence. The blockade that Israel has imposed on Gaza since 2006 has
further exacerbated the extent of collateral damage, as hospitals and morgues
have been unable to cope with the magnitude of deaths and injuries as a result
of the current escalation in violence and hospitals lack proper supplies needed
to treat the injured.

I believe that Israel's
use of defense articles provided by the U.S in the current Gaza military attacks may constitute a violation
of the AECA. At a minimum, the conflict
is sufficient to warrant an immediate report to Congress as required by 22
U.S.C. §2753. Please contact my office
by close of business on January 7, 2009 with the date the report will be
submitted.